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DECREE

DECREE

Providing for the List of enterprises which may not go on strike and the settlement of requests of labor collectives in those enterprises

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 23, 1994 Labor Code; the April 2, 2002 Law Amending and Supplementing a Number of Articles of the Labor Code; and the November 29, 2006 Law Amending and Supplementing a Number of Articles of the Labor Code;

At the proposal of the Minister of Labor, War Invalids and Social Affairs,

DECREES:

Article 1.- Governing scope

This Decree provides a list of enterprises which may not go on strike and the settlement of requests of labor collectives in those enterprises.

Article 2.- Subjects of application

This Decree applies to enterprises, labor users, laborers, grassroots trade union executive committees and provisional trade union executive committees (below collectively referred to as grassroots trade union executive committees) in enterprises on the list of those which may not go on strike.

Article 3.- List of enterprises which may not go on strike

1. Enterprises which may not go on strike include enterprises producing and providing public-utility products and services and enterprises playing an essential role in the national economy (see the enclosed list).

2. The list of security and defense enterprises which may not go on strike shall be decided by the Prime Minister at the proposal of the Minister of Defense and the Minister of Public Security.

3. Based on the socio-economic situation, the Prime Minister shall amend and supplement the list of enterprises which may not go on strike at the proposal of the Minister of Labor, War Invalids and Social Affairs, the Minister of Defense and the Minister of Public Security.

Article 4.- Settlement of requests of labor collectives

1. Labor users shall coordinate with grassroots trade union executive committees in organizing the full implementation of the provisions of labor law, collective labor agreements, labor rules and regulations formulated by enterprises in accordance with the labor law; and take the initiative in settling problems arising in the course of implementation.

2. Biannually, ministers, heads of ministerial-level agencies and government-attached agencies and presidents of provincial-level People’s Committees shall assume the prime responsibility for, and coordinate with trade unions and labor users’ representatives in, gathering opinions of labor users and grassroots trade union executive committees in enterprises which may not go on strike so as to promptly settle legitimate requests of labor collectives.

3. Labor users shall assume the prime responsibility for, and coordinate with grassroots trade union executive committees in, settling requests of labor collectives, if any. Within three working days after receiving a request, if the parties cannot settle it, the labor user shall report it to the provincial-level Service of Labor, War Invalids and Social Affairs; the grassroots trade union executive committee shall report thereon to the immediate superior trade union for coordinated settlement.

4. Within three working days after receiving a request, the provincial-level Service of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the trade union and concerned agencies in, settling the request.

If being incapable of settling the request or if the request falls beyond its competence, the provincial-level Service of Labor, War Invalids and Social Affairs shall immediately report thereon to the provincial-level People’s Committee which shall coordinate with concerned ministries and branches in settling the request.

Article 5.- Settlement of collective labor disputes

1. When a collective labor dispute arises in an enterprise which may not go on strike, either or both parties to the dispute may request a labor arbitration council to settle the dispute.

2. Within five working days after receiving a request, the labor arbitration council shall conduct conciliation and settlement.

If either or both parties to a dispute disagree/s with the labor arbitration council’s decision, it/they may request a competent court to settle the dispute in accordance with law.

Article 6.- Implementation effect

This Decree takes effect 15 days after its publication in "CONG BAO."

To annul the Government’s Decree No. 51/CP of August 29, 1996, on the settlement of requests of labor collectives in enterprises which may not go on strike, and the Government’s Decree No. 67/2002/ND-CP of July 9, 2002, amending and supplementing the list of enterprises which may not go on strike, promulgated together with the Government’s Decree No. 51/CP of August 29, 1996.

Article 7.- Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal People’s Committees, and enterprises on the list of those which may not go on strike shall implement this Decree.